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Legal aspects on accepting and rejecting an offer
Posted on 13.07.2009 04:29
Legal aspects on accepting and rejecting an offer
Hi All,
I got an offer from a company A. And I accepted it and the company proceeds with my application for a workpermit.
Now I get an offer from company B, which pays me less than company A, but I like it in terms of work esposure and location and other stuff. Now I want to know the consequences of rejecting the offer from Company A. Note that I havent sent them an acceptance in signed form, the offer letter is still with me and havent sent them a signed copy, just that I've accepted on mail.
Thanks in advance!
nomad13
Member since 17.03.2009
Posted on 13.07.2009 09:22
Re: Legal aspects on accepting and rejecting an offer
If you are have signed the contract and if that contract has any clause like:
- If you dont join the company on XX date, you will pay some penality
or
- The termination notice is not allowed before the start of employement
in both of these cases you must join and then quite the job with designated notice period. If you dont - you risk a legal penality.
If there is nothing like this, you may say them good bye and go with new company.
Tip: Communicate this nicely and properly explaining your reasons with the company you are going to quite after signing contract.
sensitive007
Member since 15.06.2007
Posted on 13.07.2009 09:56
Re: Legal aspects on accepting and rejecting an offer
In case they don't have your signature on the contract, you can do whatever you want no matter what's written on the contract, and even if they got a confirmation by e-mail from you. You didn't sign anything yet.
This is my personal interpretation, I could be wrong.
I think you should contact them asap if you're sure that you want less money, and let them know of your decision before they start processing your papers and waste time...
AxEnNeSo
Member since 15.03.2006
Posted on 13.07.2009 17:58
Re: Legal aspects on accepting and rejecting an offer
Legally speaking you could have already entered into a work contract with company A, even if you have accepted the offer only by mail. It is not necessary to have a written contract as long as the terms of the offer are specified and you expressed your agreement. This is no one way street and also to your benefit. “Could have” because the factual circumstances of the case obviously play a role. Do not read too much into a formal contract closure either as there could be room to argue against a contract, too, and thus dissuade company A to take action, if any. Here again the circumstances of the case should be borne in mind. Did they desperately try to hire you after a protracted and costly selection procedure? Also check whether offer A included a penalty clause. Also whether it mentions a “Probezeit”. So informed, think about the right approach should you brake the news to company A.
Rechtsanwalt_Jain@yahoo.de
vakalat
Member since 21.11.2007
Posted on 14.07.2009 06:04
Re: Legal aspects on accepting and rejecting an offer
Thanks for providing all the possibilities. This is like a unique chances and I have to take chances with it. Have been trying to negotiate with the HR from company A and lets see if it works out. Please provide anything more or better possibilities.
nomad13
Member since 17.03.2009